Madras High CourtCRL OP/8689/2016allowed

Feroz v. The Inspector Of Police,

2016-04-29Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2016

CORAM

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.8689 of 2016 and Crl.M.P.No.4536 of 2016 Mr.Feroz ... Petitioner Vs

1. State Rep. By Inspector of Police (Crime) F-2, Egmore Police Station, Chennai.

2. Mr.S.Mansur ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking to call for the records of and quash the FIR in Crime No.176 of 2014 on the file of the Inspector of Police, F-2 Egmore Police Station, Chennai.

For Petitioner :

Mr.S.Arivazhagan For Respondents :

Mr.C.Emalias, Additional Public Prosecutor [R1] Mr.P.Rajkumar [R2]

O R D E R

The petitioner has come forward with this petition seeking for a direction to quash the proceedings in Crime No.176 of 2014 pending on the file of the first respondent police.

2. Though in the petitioner, the petitioner's name has been mentioned as Feroz, as per the Visitor Pass issued by this Court, it has been mentioned as Asan Feroz.

3. On a perusal of the typed set of papers, it is seen that the alleged offences attributed against the petitioner is under Section 420 IPC. When the matter is taken up for hearing, the https://hcservices.ecourts.gov.in/hcservices/

petitioner and the second respondent appeared in person and their identification is also verified by this Court and the second respondent would submit that he has no objection to quash the proceedings in Crime No.176 of 2014 against the petitioner and he has also filed an affidavit to that effect and the same is recorded.

4. Considering the nature of allegation and also considering the affidavit filed by the second respondent, this Court is of the opinion that no useful purpose would be served by keeping the matter pending. Therefore, the entire proceedings in Crime No.176 of 2014 on the file of the first respondent, in respect of the petitioner alone is, hereby, quashed and this Criminal Original Petition is allowed accordingly. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsm To

1. The Inspector of Police (Crime) F-2, Egmore Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Arivazhagan, Advocate, S.R.No.27294 Crl.O.P.No.8689 of 2016 SV(CO) CA(17/05/2016) https://hcservices.ecourts.gov.in/hcservices/